2015.04.28 CC Minutes - Laserfiche WebLink

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April 28, 2015 Director Gundlach stated that the Rice Creek Watershed District does not have any regulatory authority over road salt. The watershed district simply provided informational material on salt and its impact. Councilmember Strub inquired how hours of operation and noise concerns would be regulated by the City. Planning Director Gundlach explained that if the applicant was not complying with the conditions within a Special Use Pernmit, the City could review the matter with the applicant and the permit could be revoked. City Attorney Gilchrest advised that now was the opportunity for the Council to add conditions to the Special Use Permit. Planning Director Gundlach clarified that staff approved of the applicant's current salt storage shed (40' x 40) and sales. However, staff was not in agreement with expanding this use to a 10,000 square foot shed and transfer facility. Jim Yarosh, counsel for MPI, reported that he has been working with staff for months and months on this issue. He believed that the road salt should be viewed as just another pile of material being stored on the site. It was his opinion that the proposed road salt expansion would impact the environment and the adjacent sensitive areas. He commented that outdoor storage was allowed within this overlay district. He believed that the unsightliness of the property could be addressed through the proposed plantings and berms that would be completed by Mr. Murlowski. He discouraged the Council from denying the request simply because it would be difficult to monitor the amount of salt on the site. Mr. Murlowski reviewed several photos of MnDOT and municipal road salt storage sheds noting that all were three sided. He did not believe that there was any reason to require a door. Councilmember Jacobsen thanked Mr. Murlowski for capping the landfill. He asked how much sound would be generated by unloading the railcars. Mr. Murlowski explained bottom dump rail cars would be used to unload the road salt. Time road salt would be dropped onto a conveyor, which would be transferred to the salt storage shed. He anticipated that the conveyor belt would be powered by a diesel engine, but would be well within the site's decibel levels. He discussed the elevation change between his site and the adjacent park trail. Councilmember Burg questioned what direction the salt storage shed would face. Mr. Murlowski reported he would prefer to have the open side of the shed would face east. Councilmember Bauman did not view salt and dirt in the same manner. She believed that too much salt would be toxic if it ran into the City's waterways. She wished that Mr. Murlowski would have approached the City prior to purchasing the parcel from the railroad. She feared how New Brighton residents would be impacted by having rail cars in this area of the City for five to eight hours a day. She asked who Mr. Murlowski would be selling the road salt to and why he decided to expand this portion of his business. Mr. Murlowski indicated he has current snow plow /road salt customers which led him to see a market for selling road salt. He anticipated that he would not need any more than 10 or 12 rail deliveries a year. Councilmember Bauman expressed concern with how the City would set a cap on the amount of road salt being brought to this site. Planning Director Gundlach indicated the Planning Commission recommended the amount be capped at 13,500 tons annually. Mr. Murlowski commented the 13,500 tons was a number negotiated between him and staff. Councilmember Bauman inquired if staffwould change its position on the monitoring of the salt on site if the applicant were to provide the City with rail receipts. Planning Director Gundlach reviewed staff's concerns again with the Council and noted the inability to regulate the amount of salt on site was just one of staff's many concerns. She discussed the allowed uses in the I -1 zoning district. She explained that staffwanted to see the site tightly monitored because it differed from all other light industrial uses in the City. Councilmember Jacobsen questioned how much salt storage was on site at this time. Mr. Murlowski stated he had between 1,000 to 3,000 tons or road salt each year. Ray Lucas, President of Applewood Pointe, explained that his senior living cooperative was quote close to Murlowski Properties. He reviewed several photos with the Council that showed the impact 13,500 tons of salt would have on the property. He believed that salt piles should not be viewed in the same manner as aggregate, due to the fact salt was soluble. He feared that spillage and contamination would occur. He indicated that even if Mr. Murlowski was 99.9% efficient, it would mean that 27,000 pounds of salt was spilled. Spillage consequences were then discussed and he was concerned that it only took one teaspoon of road salt to contaminate five gallons of water. This concerned him because he lives on a lake. He questioned Page 8 of 11